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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE "JOINED" AND NOT "CONSOLIDATED": AN IMPORTANT DISTINCTION IN THE RULES

COST BITES 305: THE JUDGE WAS WRONG TO AWARD COSTS AGAINST A PARTY WHEN TWO ACTIONS WERE “JOINED” AND NOT “CONSOLIDATED”: AN IMPORTANT DISTINCTION IN THE RULES

November 5, 2025 · by gexall · in Appeals, Applications, Civil Procedure, Costs, Members Content

We are looking at a case where the appellant was successful in overturning an award for costs made against him in relation to one set of proceedings.  The judgment highlights the important distinction between “joinder” and “consolidation”.  That distinction can…

DELAY IN MAKING AN ADDITIONAL CLAIM LEADS TO JOINDER BEING REFUSED (A MUCH MORE BORING  TAKE ON THE  VARDY -v- ROONEY CASE)

DELAY IN MAKING AN ADDITIONAL CLAIM LEADS TO JOINDER BEING REFUSED (A MUCH MORE BORING TAKE ON THE VARDY -v- ROONEY CASE)

February 15, 2022 · by gexall · in Applications, Civil Procedure, Members Content

In  Vardy v Rooney & Anor [2022] EWHC 304 (QB) Mrs Justice Steyn refused the defendant’s application for joinder of an additional party.  One major element in that decision was the delay in making the application, and the total absence…

JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON'T SAY SO BUT COMMON SENSE DOES

JOINDER OF NEW PARTIES INTO EXISTING PROCEEDINGS 1: NOTIFY THE EXISTING PARTIES: THE RULES DON’T SAY SO BUT COMMON SENSE DOES

January 28, 2020 · by gexall · in Applications, Case Management, Civil Procedure, Members Content, Parties to actions

There are a few interesting procedural matters that flow from the decision of HHJ Kimbell QC (sitting as a High Court judge) in  Molavi v Hibbert & Ors [2020] EWHC 121 (Ch).  Here we look at the judge’s comments on…

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COST BITES 447: “THESE SUMS ARE ASTONISHING”: COURT OF APPEAL CONSIDERS £2 MILLION BRIEF FEE AND COSTS OF A FOUR-DAY APPEAL (AND IS NOT TOO IMPRESSED)
EXPERT WATCH 78 : "ROWING BACK"?: WHEN AN EXPERT CHANGES THEIR VIEW AFTER THE JOINT REPORT: "THAT IS NOT THE FAIR OR PROPER WAY FOR PUTTING NEW EXPERT EVIDENCE BEFORE THE COURT"
DID YOU KNOW THAT YOU COULD BE MADE BANKRUPT (OSTENSIBLY ON YOUR OWN APPLICATION), NOT KNOW ANYTHING ABOUT IT - AND THEN HAVE TO PAY THE TRUSTEE'S COSTS? THE IMPORTANCE OF GETTING KEY EVIDENCE BEFORE THE COURT
COST BITES 448: PART 36 AND FIXED COSTS: "VERY LATE" ACCEPTANCE OF A DEFENDANT'S OFFER LEADS TO THE CLAIMANT RECOVERING NO COSTS AT ALL
THE CURRENT IMPORTANCE OF PLEADINGS 101: PUTTING A FIGURE IN THE PARTICULARS OF CLAIM DOES NOT NECESSARILY ENTITLE A CLAIMANT TO DEFAULT JUDGMENT FOR THAT SUM

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